Protection of Freedoms Bill (HL Bill 121)

available for re-use under section 11A(2) or by virtue of section
19(2A)(c).

(2) Regulations under this section may, in particular—

(a) prescribe cases in which fees may, or may not, be charged,

(b) 5prescribe the amount of any fee payable or provide for any such
amount to be determined in such manner as may be prescribed,

(c) prescribe, or otherwise provide for, times at which fees, or parts
of fees, are payable,

(d) require the provision of information about the manner in which
10amounts of fees are determined,

(e) make different provision for different purposes.

(3) Regulations under this section may, in prescribing the amount of any
fee payable or providing for any such amount to be determined in such
manner as may be prescribed, provide for a reasonable return on
15investment.

(4) In this section “relevant copyright work” has the meaning given by
section 11A(8).”

(4) In section 19 (publication schemes)—

(a) after subsection (2) insert—

“(2A) 20A publication scheme must, in particular, include a requirement
for the public authority concerned—

(a) to publish—

(i) any dataset held by the authority in relation to
which a person makes a request for information
25to the authority, and

(ii) any up-dated version held by the authority of
such a dataset,

unless the authority is satisfied that it is not appropriate
for the dataset to be published,

(b) 30where reasonably practicable, to publish any dataset the
authority publishes by virtue of paragraph (a) in an
electronic form which is capable of re-use,

(c) where any information in a dataset published by virtue
of paragraph (a) is a relevant copyright work in relation
35to which the authority is the only owner, to make the
information available for re-use in accordance with the
terms of the specified licence.

(2B) The public authority may exercise any power that it has by
virtue of regulations under section 11B to charge a fee in
40connection with making the relevant copyright work available
for re-use in accordance with a requirement imposed by virtue
of subsection (2A)(c).

(2C) Nothing in this section or section 11B prevents a public
authority which is subject to such a requirement from exercising
45any power that it has by or under an enactment other than this
Act to charge a fee in connection with making the relevant
copyright work available for re-use.

(2D) Where a public authority intends to charge a fee (whether in
accordance with regulations under section 11B or as mentioned
in subsection (2C)) in connection with making a relevant
copyright work available for re-use by an applicant, the
5authority must give the applicant a notice in writing (in this
section referred to as a “re-use fee notice”) stating that a fee of
an amount specified in, or determined in accordance with, the
notice is to be charged by the authority in connection with
complying with the requirement imposed by virtue of
10subsection (2A)(c).

(2E) Where a re-use fee notice has been given to the applicant, the
public authority is not obliged to comply with the requirement
imposed by virtue of subsection (2A)(c) while any part of the fee
which is required to be paid is unpaid.

(2F) 15Where a public authority intends to charge a fee as mentioned
in subsection (2C), the re-use fee notice may be combined with
any other notice which is to be given under the power which
enables the fee to be charged.”, and

(b) after subsection (7) insert—

“(8) 20In this section—

• “copyright owner” has the meaning given by Part 1 of the
  Copyright, Designs and Patents Act 1988 (see section
  173 of that Act);

• “copyright work” has the meaning given by Part 1 of the
  25Act of 1988 (see section 1(2) of that Act);

• “database” has the meaning given by section 3A of the Act
  of 1988;

• “database right” has the same meaning as in Part 3 of the
  Copyright and Rights in Databases Regulations 1997
  30(S.I. 1997/3032S.I. 1997/3032);

• “owner”, in relation to a relevant copyright work, means—

  (a)

  the copyright owner, or

  (b)

  the owner of the database right in the database;

• “relevant copyright work” means—

  (a)

  35a copyright work, or

  (b)

  a database subject to a database right,

  but excludes a relevant Crown work or a relevant
  Parliamentary work;

• “relevant Crown work” means—

  (a)

  40a copyright work in relation to which the Crown
  is the copyright owner, or

  (b)

  a database in relation to which the Crown is the
  owner of the database right;

• “relevant Parliamentary work” means—

  (a)

  45a copyright work in relation to which the House
  of Commons or the House of Lords is the
  copyright owner, or

  (b)

  a database in relation to which the House of
  Commons or the House of Lords is the owner of
  50the database right;

Protection of Freedoms BillPage 92

• “the specified licence” has the meaning given by section
  11A(8).”

(5) In section 45 (issue of code of practice)—

(a) in subsection (2), after paragraph (d) (and before the word “and” at the
5end of the paragraph), insert—

“(da) the disclosure by public authorities of datasets held by
them,”,

(b) after subsection (2) insert—

“(2A) Provision of the kind mentioned in subsection (2)(da) may, in
10particular, include provision relating to—

(a) the giving of permission for datasets to be re-used,

(b) the disclosure of datasets in an electronic form which is
capable of re-use,

(c) the making of datasets available for re-use in accordance
15with the terms of a licence,

(d) other matters relating to the making of datasets
available for re-use,

(e) standards applicable to public authorities in connection
with the disclosure of datasets.”, and

(c) 20in subsection (3) for “The code” substitute “Any code under this
section”.

(6) In section 84 (interpretation), after the definition of “the Commissioner”,
insert—

• ““dataset” has the meaning given by section 11(5);”.

25Other amendments relating to freedom of information

103 Meaning of “publicly-owned company”

(1) Section 6 of the Freedom of Information Act 2000 (publicly-owned companies)
is amended as follows.

(2) In subsection (1)—

(a) 30omit “or” at the end of paragraph (a),

(b) in paragraph (b) for the words from “any public authority” to
“particular information” substitute “the wider public sector”, and

(c) after paragraph (b) insert “, or

(c) it is wholly owned by the Crown and the wider public
35sector.”

(3) For subsection (2) substitute—

“(2) For the purposes of this section—

(a) a company is wholly owned by the Crown if, and only if, every
member is a person falling within sub-paragraph (i) or (ii)—

(i) 40a Minister of the Crown, government department or
company wholly owned by the Crown, or

(ii) a person acting on behalf of a Minister of the Crown,
government department or company wholly owned by
the Crown,

(b) a company is wholly owned by the wider public sector if, and
only if, every member is a person falling within sub-paragraph
(i) or (ii)—

(i) a relevant public authority or a company wholly owned
5by the wider public sector, or

(ii) a person acting on behalf of a relevant public authority
or of a company wholly owned by the wider public
sector, and

(c) a company is wholly owned by the Crown and the wider public
10sector if, and only if, condition A, B or C is met.

(2A) In subsection (2)(c)—

(a) condition A is met if—

(i) at least one member is a person falling within subsection
(2)(a)(i) or (ii),

(ii) 15at least one member is a person falling within subsection
(2)(b)(i) or (ii), and

(iii) every member is a person falling within subsection
(2)(a)(i) or (ii) or (b)(i) or (ii),

(b) condition B is met if—

(i) 20at least one member is a person falling within subsection
(2)(a)(i) or (ii) or (b)(i) or (ii),

(ii) at least one member is a company wholly owned by the
Crown and the wider public sector, and

(iii) every member is a person falling within subsection
25(2)(a)(i) or (ii) or (b)(i) or (ii) or a company wholly owned
by the Crown and the wider public sector, and

(c) condition C is met if every member is a company wholly owned
by the Crown and the wider public sector.”

(4) In subsection (3), at the end, insert—

• 30““relevant public authority” means any public authority listed in
  Schedule 1 other than—

  (a)

  a government department, or

  (b)

  any authority which is listed only in relation to
  particular information”.

104 35Extension of certain provisions to Northern Ireland bodies

(1) Omit—

(a) section 80A of the Freedom of Information Act 2000 (which modifies, in
relation to information held by Northern Ireland bodies, certain
provisions of the Act relating to historical records etc.), and

(b) 40paragraph 6 of Schedule 7 to the Constitutional Reform and
Governance Act 2010 (which inserts section 80A into the Act of 2000).

(2) The power of the Secretary of State under section 46(2) to (5) of the Act of 2010
to make transitional, transitory or saving provision in connection with the
coming into force of paragraph 4 of Schedule 7 to that Act includes power to
45make such provision in connection with the coming into force of that
paragraph of that Schedule as it has effect by virtue of this section.

The Information Commissioner

105 Appointment and tenure of Information Commissioner

(1) In paragraph 2(1) of Schedule 5 to the Data Protection Act 1998 (maximum
term of appointment for the Information Commissioner) for “five years”
5substitute “seven years”.

(2) After paragraph 2(3) of that Schedule to that Act (removal of the Information
Commissioner from office) insert—

“(3A) No motion is to be made in either House of Parliament for such an
Address unless a Minister of the Crown has presented a report to
10that House stating that the Minister is satisfied that one or more of
the following grounds is made out—

(a) the Commissioner has failed to discharge the functions of the
office for a continuous period of at least 3 months,

(b) the Commissioner has failed to comply with the terms of
15appointment,

(c) the Commissioner has been convicted of a criminal offence,

(d) the Commissioner is an undischarged bankrupt or the
Commissioner’s estate has been sequestrated in Scotland and
the Commissioner has not been discharged,

(e) 20the Commissioner has made an arrangement or composition
contract with, or has granted a trust deed for, the
Commissioner’s creditors,

(f) the Commissioner is otherwise unfit to hold the office or
unable to carry out its functions.

(3B) 25No recommendation may be made to Her Majesty for the
appointment of a person as the Commissioner unless the person
concerned has been selected on merit on the basis of fair and open
competition.

(3C) A person appointed as the Commissioner may not be appointed
30again for a further term of office.”

(3) Omit paragraph 2(4) and (5) of that Schedule to that Act (termination of term
of office on attaining 65 years of age etc. and eligibility for re-appointment).

(4) In the italic heading to paragraph 2 of that Schedule to that Act, after “office”
insert “and appointment”.

(5) 35Omit section 18(5) to (7) of the Freedom of Information Act 2000 (spent
provisions about period of office of Data Protection Commissioner as first
Information Commissioner and application of paragraph 2(4)(b) and (5) of
Schedule 5 to the Act of 1998 to that person).

106 Alteration of role of Secretary of State in relation to guidance powers

(1) 40For section 41C(7) of the Data Protection Act 1998 (code of practice about
assessment notices: requirement for approval of Secretary of State)
substitute—

“(7) The Commissioner must consult the Secretary of State before issuing
the code (or an altered or replacement code).”

(2) In section 52B of that Act (data-sharing code: approval by the Secretary of
State)—

(a) for subsections (1) to (3) substitute—

“(1) When a code is prepared under section 52A, the Commissioner
5must—

(a) consult the Secretary of State, and

(b) submit the final version of the code to the Secretary of
State.

(2) The Secretary of State must lay the code before Parliament.”,
10and”

(b) in subsection (6) for the words from the beginning to “the
Commissioner” substitute “Where such a resolution is passed, the
Commissioner”.

(3) For section 55C(5) of that Act (guidance about monetary penalty notices:
15requirement for approval of Secretary of State) substitute—

“(5) The Commissioner must consult the Secretary of State before issuing
any guidance under this section.”

107 Removal of Secretary of State consent for fee-charging powers etc.

(1) In section 51 of the Data Protection Act 1998 (general duties of the Information
20Commissioner)—

(a) in subsection (8) (power to charge fees, with the consent of the Secretary
of State, in relation to any Part 6 services)—

(i) omit “with the consent of the Secretary of State”, and

(ii) before “services” insert “relevant”, and

(b) 25after subsection (8) insert—

“(8A) In subsection (8) “relevant services” means—

(a) the provision to the same person of more than one copy
of any published material where each of the copies of
the material is either provided on paper, a portable disk
30which stores the material electronically or a similar
medium,

(b) the provision of training, or

(c) the provision of conferences.

(8B) The Secretary of State may by order amend subsection (8A).”

(2) 35In section 67(5)(a) of that Act (orders under the Act subject to negative
procedure) after “51(3)” insert “or (8B)”.

(3) In section 47 of the Freedom of Information Act 2000 (general functions of the
Information Commissioner)—

(a) in subsection (4) (power to charge fees, with the consent of the Secretary
40of State, in relation to services provided under that section)—

(i) omit “with the consent of the Secretary of State”, and

(ii) before “services” insert “relevant”, and

(b) after subsection (4) insert—

“(4A) In subsection (4) “relevant services” means—

(a) the provision to the same person of more than one copy
of any published material where each of the copies of
the material is either provided on paper, a portable disk
which stores the material electronically or a similar
5medium,

(b) the provision of training, or

(c) the provision of conferences.

(4B) The Secretary of State may by order amend subsection (4A).

(4C) An order under subsection (4B) may include such transitional
10or saving provision as the Secretary of State considers
appropriate.

(4D) The Secretary of State must consult the Commissioner before
making an order under subsection (4B).”

(4) In section 82(3)(a) of that Act (orders under the Act subject to negative
15procedure) after “4(1)” insert “or 47(4B)”.

108 Removal of Secretary of State approval for staff numbers, terms etc.

(1) Paragraph 4 of Schedule 5 to the Data Protection Act 1998 (appointment of
officers and staff of the Information Commissioner) is amended as follows.

(2) After sub-paragraph (4) insert—

“(4A) 20In making appointments under this paragraph, the Commissioner
must have regard to the principle of selection on merit on the basis
of fair and open competition.”

(3) Omit sub-paragraph (5) (approval of Secretary of State required for number,
and terms and conditions, of persons to be appointed).

25Part 7 Miscellaneous and general

Trafficking people for exploitation

109 Trafficking people for sexual exploitation

(1) The Sexual Offences Act 2003 is amended as follows.

(2) 30For sections 57 to 59 (trafficking people for sexual exploitation) substitute—

“59A Trafficking people for sexual exploitation

(1) A person (“A”) commits an offence if A intentionally arranges or
facilitates—

(a) the arrival in, or entry into, the United Kingdom or another
35country of another person (“B”),

(b) the travel of B within the United Kingdom or another country,
or

(c) the departure of B from the United Kingdom or another
country,

40with a view to the sexual exploitation of B.

(2) For the purposes of subsection (1)(a) and (c) A’s arranging or
facilitating is with a view to the sexual exploitation of B if, and only if—

(a) A intends to do anything to or in respect of B, after B’s arrival,
entry or (as the case may be) departure but in any part of the
5world, which if done will involve the commission of a relevant
offence, or

(b) A believes that another person is likely to do something to or in
respect of B, after B’s arrival, entry or (as the case may be)
departure but in any part of the world, which if done will
10involve the commission of a relevant offence.

(3) For the purposes of subsection (1)(b) A’s arranging or facilitating is
with a view to the sexual exploitation of B if, and only if—

(a) A intends to do anything to or in respect of B, during or after the
journey and in any part of the world, which if done will involve
15the commission of a relevant offence, or

(b) A believes that another person is likely to do something to or in
respect of B, during or after the journey and in any part of the
world, which if done will involve the commission of a relevant
offence.

(4) 20A person who is a UK national commits an offence under this section
regardless of—

(a) where the arranging or facilitating takes place, or

(b) which country is the country of arrival, entry, travel or (as the
case may be) departure.

(5) 25A person who is not a UK national commits an offence under this
section if—

(a) any part of the arranging or facilitating takes place in the United
Kingdom, or

(b) the United Kingdom is the country of arrival, entry, travel or (as
30the case may be) departure.

(6) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory
maximum or both;

(b) 35on conviction on indictment, to imprisonment for a term not
exceeding 14 years.

(7) In relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003, the reference in
subsection (6)(a) to 12 months is to be read as a reference to 6 months.”

(3) 40For subsection (1) of section 60 (sections 57 to 59: interpretation) substitute—

“(1) In section 59A—

• “country” includes any territory or other part of the world;

• “relevant offence” means—

  (a)

  any offence under the law of England and Wales which
  45is an offence under this Part or under section 1(1)(a) of
  the Protection of Children Act 1978, or

  Protection of Freedoms BillPage 98

  (b)

  anything done outside England and Wales which is not
  an offence within paragraph (a) but would be if done in
  England and Wales;

• “UK national” means—

  (a)

  5a British citizen,

  (b)

  a person who is a British subject by virtue of Part 4 of the
  British Nationality Act 1981 and who has the right of
  abode in the United Kingdom, or

  (c)

  a person who is a British overseas territories citizen by
  10virtue of a connection with Gibraltar.”

(4) Omit section 60(2) (sections 57 to 59: jurisdiction).

(5) Accordingly, the title of section 60 becomes “Section 59A: interpretation”.

110 Trafficking people for labour and other exploitation

(1) The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 is
15amended as follows.

(2) For subsections (1) to (3) of section 4 (trafficking people for labour and other
exploitation) substitute—

“(1A) A person (“A”) commits an offence if A intentionally arranges or
facilitates—

(a) 20the arrival in, or entry into, the United Kingdom or another
country of another person (“B”),

(b) the travel of B within the United Kingdom or another country,
or

(c) the departure of B from the United Kingdom or another
25country,

with a view to the exploitation of B.

(1B) For the purposes of subsection (1A)(a) and (c) A’s arranging or
facilitating is with a view to the exploitation of B if (and only if)—

(a) A intends to exploit B, after B’s arrival, entry or (as the case may
30be) departure but in any part of the world, or

(b) A believes that another person is likely to exploit B, after B’s
arrival, entry or (as the case may be) departure but in any part
of the world.

(1C) For the purposes of subsection (1A)(b) A’s arranging or facilitating is
35with a view to the exploitation of B if (and only if)—

(a) A intends to exploit B, during or after the journey and in any
part of the world, or

(b) A believes that another person is likely to exploit B, during or
after the journey and in any part of the world.”

(3) 40In section 4(4)—

(a) in paragraph (b)—

(i) omit “under the Human Organ Transplants Act 1989 (c. 31)1989 (c. 31) or”,
and

(ii) after “2004” insert “as it has effect in the law of England and
45Wales”,

(b) in that paragraph, the words from “as a result” to the end of the
paragraph become sub-paragraph (i), and

(c) after that sub-paragraph insert “or

(ii) which, were it done in England and Wales, would constitute an
5offence within sub-paragraph (i),”.

(4) After section 4(4) insert—

“(4A) A person who is a UK national commits an offence under this section
regardless of—

(a) where the arranging or facilitating takes place, or

(b) 10which country is the country of arrival, entry, travel or (as the
case may be) departure.

(4B) A person who is not a UK national commits an offence under this
section if—

(a) any part of the arranging or facilitating takes place in the United
15Kingdom, or

(b) the United Kingdom is the country of arrival, entry, travel or (as
the case may be) departure.”

(5) Omit section 5(1) (section 4: jurisdiction).

(6) In section 5(3) (section 4: interpretation)—

(a) 20for “In section 4(4)(a)” substitute “In section 4—

• “country” includes any territory or other part of the world,”,

(b) the words from ““the Human Rights Convention” to the end of the
subsection become the next definition in a list, and

(c) after that definition insert—

• 25““UK national” means—

  (a)

  a British citizen,

  (b)

  a person who is a British subject by virtue of Part
  4 of the British Nationality Act 1981 and who has
  the right of abode in the United Kingdom, or

  (c)

  30a person who is a British overseas territories
  citizen by virtue of a connection with Gibraltar.”

Miscellaneous repeals of enactments

111 Repeal of provisions for conducting certain fraud cases without jury

Omit section 43 of the Criminal Justice Act 2003 (applications by prosecution
35for certain fraud cases to be conducted without a jury).

112 Removal of restrictions on times for marriage or civil partnership

(1) In the Marriage Act 1949—

(a) omit section 4 (solemnization of marriages to take place at any time
between 8 a.m. and 6 p.m.), and

(b) 40omit section 75(1)(a) (offence of solemnizing a marriage outside the
permitted hours).